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MAHER v. CITY OF BOX ELDER

28600.

925 N.W.2d 482 (2019)

2019 S.D. 15

William J. MAHER d/b/a Valley Village Mobile Home Park, Plaintiff and Appellant, v. CITY OF BOX ELDER, Defendant and Appellee.

Supreme Court of South Dakota.

OPINION FILED March 13, 2019.

Attorney(s) appearing for the Case

GREGORY A. EIESLAND , AARON D. EIESLAND of Johnson Eiesland Law Offices, P.C., Rapid City, South Dakota, Attorneys for plaintiff and appellant.

DONALD P. KNUDSEN , KATELYN A. COOK of Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, South Dakota, Attorneys for defendant and appellee.

[¶1.] William Maher brought suit against the City of Box Elder (the City), arguing it negligently operated its water system and caused his waterlines to break. The City moved for summary judgment, asserting the public duty rule precluded imposition of a duty to Maher absent proof the City assumed a special duty. The circuit court granted...

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